Date: 03/06/2006

Final
BILL SUMMARY for HB06-1352

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Votes: View--> Action Taken:
Moved Amendment L. 001. The motion passed without
Moved to refer HB 06-1352 to the Committee of the 		Pass Without Objection
PASS



02:15 PM -- House Bill 06-1352

Representative McFadyen, sponsor, described the provisions of the HB 06-1353 and Amendment L. 001 (Attachment B) concerning water rights adjudication and water quality issues. Amendment L. 001 replaces the main provisions of the bill. She also responded to questions from the committee.

02:23 PM -- Peter Nichols, Lower Arkansas Valley Water Conservancy District, spoke in support of the bill and Amendment L. 001. He also responded to questions from the committee regarding how water quality impacts would be determined and described the authority of the water court to impose terms and conditions on changes of water rights. He also identified recent water rights changes that were large enough to have been regulated by the bill if it had been in effect. He also said that Trout Unlimited supports the bill.

02:45 PM -- Pat Ratliff, El Paso County Water Authority, spoke in opposition to the bill.

02:47 PM -- Brian Nazarenus, Colorado Water Congress, East Cherry Creek Water and Sanitation District, Phelps Dodge Corp., spoke in opposition to the bill and described the authority of the Water Quality Control Commission to enforce water quality standards. He also described the current authority of the water court in changes of water rights and responded to questions from the committee regarding potential amendments to address his concerns. Mr. Nazarenus expressed concern that the water court would not have sufficient staff to assist with the review of water quality impacts pertaining to changes of water rights applications.

03:07 PM -- Mark Pifher, City of Aurora, spoke in opposition to the bill and described current regulation of water quality by the Water Quality Control Commission. He also responded to questions from the committee about proposed water projects for the City of Aurora.

03:24 PM -- Joe Dischinger, Coloradans for Water Conservation and Water Development, spoke in opposition to the bill and described the potential impact on existing water rights and future water development projects.

03:29 PM -- Diana Orf, Colorado Mining Association, spoke in opposition to the bill and expressed concern about its potential impact on water diversion projects and the ability of water rights owners to sell their water.

03:32 PM -- Jay Winner, Lower Arkansas Valley Water Conservancy District, spoke in support of the bill and expressed concern about the impact on small communities from transfers of agricultural water rights.

03:35 PM -- Randa Morlan, representing herself, expressed concern about impacts to the Arkansas River caused by water transfers.

03:37 PM -- Marie Newby, representing herself, expressed concern about impacts to the Arkansas River caused by water transfers.

03:39 PM -- Margaret Newby, representing herself, expressed concern about impacts to the Arkansas River caused by water transfers.

03:44 PM -- Donna Bamber, representing herself, expressed concern about impacts to the Arkansas River caused by water transfers.

03:44 PM -- John Singletery, Lower Arkansas Valley Water Conservancy District, spoke in support of the bill and described the history of prior legislation concerning water quality and the adjudication of water rights. He also responded to questions from the committee regarding the potential effect of the bill on interstate compact litigation.

03:56 PM -- Jimmy Dean, Rocky Mountain Farmers Union, spoke in support of the bill and expressed concern about water quality impacts from changes of water rights.

03:59 PM -- Bud O'Hara, Pueblo Board of Water Works, spoke in support of the bill and identified potential costs associated with water rights adjudication if the bill becomes law. He also responded to questions from the committee regarding proposed water transfers for the City of Pueblo that could be affected by the bill.

04:06 PM -- Peter Nichols returned to respond to questions from the committee and he addressed issues concerns about the bill raised in prior testimony.

04:13 PM

Representative McFadyen closed her remarks on the bill.
BILL:HB06-1352
TIME: 04:13:19 PM
MOVED:McFadyen
MOTION:Moved Amendment L. 001. The motion passed without objection.
SECONDED:White
VOTE
Gallegos
Gardner
Harvey
Hodge
Hoppe
McFadyen
Rose
Solano
White
McKinley
Curry
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB06-1352
TIME: 04:16:45 PM
MOVED:McFadyen
MOTION:Moved to refer HB 06-1352 to the Committee of the Whole, as amended. The motion passed on a vote of 6-5.
SECONDED:Gallegos
VOTE
Gallegos
Yes
Gardner
No
Harvey
No
Hodge
No
Hoppe
No
McFadyen
Yes
Rose
No
Solano
Yes
White
Yes
McKinley
Yes
Curry
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS




04:22 PM

The meeting was adjourned.